Create an Indiana eviction notice that meets state law and provides sufficient notice to quit for a tenant. Start the eviction process now with an online form.
Last Update June 21st, 2022
- Indiana Eviction Notice Types
- Indiana Eviction Laws
- Indiana Eviction Process
- Indiana Eviction Notice Sample
- FAQs About Indiana Eviction Notices
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Indiana Eviction Notice Types
It’s necessary to provide the correct type of Indiana eviction notice to the tenant you’re removing from your property. If you don’t, the eviction could be overturned or take significantly longer to complete.
You must give your tenant the precise legal document for the situation, detailing a valid legal reason for the eviction under IN statutes. This will also affect how long you must give the resident as notice before they have to leave the property.
As seen below, there are a few different options in Indiana when completing an eviction.
10-Day Notice to Quit (Non-Payment)
If a tenant doesn’t comply with the rental payment schedule, the landlord may present them with a 10-Day Notice to Quit. This obliges them to pay rent or quit within 240 hours.
If the tenant complies within the time and pays the rent then the notice will be nullified. If they refuse to pay or vacate the property, the landlord will be able to pursue the matter further through the courts.
Notice to Cure or Quit
In the case of a lease violation, the landlord may issue a Notice to Cure or Quit for Non-Compliance. This will give the tenant a reasonable amount of time to correct the breach, if they don’t comply they will be obliged to leave the property.
Unconditional Quit Notice
Unconditional Quit Notices can also be issued for month-to-month tenants that have committed more serious offenses. These don’t give the tenant any chance to correct their breach of the lease.
30-Day Eviction Notice
Landlords with tenants on flexible monthly rental agreements may end the tenancy without cause, as long as they provide a 30-Day Eviction letter. If this is used, the tenant must leave the property within 30 days of the notice being delivered.
Be aware, however, if the landlord continues to accept rental payments during this period, the notice will be considered null and void. This does not include any payments of owed back rent.
Indiana Eviction Laws
Your Indiana eviction notice must follow the state’s rental property laws, in order to be valid. There are a number of important requirements that are obligatory when proceeding with the eviction of a rental tenant.
An eviction in Indiana may only happen in the case of:
Nonpayment of rent: 10 days’ notice
Lease violations: reasonable notice
Termination of a month-to-month tenancy: 30 days’ notice
The Indiana eviction notice itself must be delivered to the tenant as an official letter or form detailing the key information about the property and tenant. It must also clearly explain the reason the landlord wishes to terminate the lease and how long the resident has to comply with the notice.
Indiana Eviction Process
There are a number of crucial steps to follow when evicting a tenant in Indiana. These police how the notice must be served and what you’ll need to do if the tenant still refuses to vacate the property.
To successfully evict your tenant in Indiana with an eviction notice, you’ll need to do the following:
Step 1: Serve the tenant with a written statement giving a legally valid reason for the eviction and the correct amount of days’ notice for them to comply.
Step 2: If the tenant does not comply with the eviction notice the landlord can file a complaint with a local court and a summons will be served.
Step 3: The tenant and landlord can make their case in court. The presiding judge can then decide whether the eviction can proceed or not.
Step 4: If the judge rules in the landlord’s favor and the tenant still refuses to vacate, the owner may process a Writ of Possession with the court clerk.
Step 5: When the Writ of Possession has been processed the landlord may file the document with the county sheriff within 30 days of its issuance.
Indiana Eviction Notice Sample
When you prepare your own Indiana eviction notice, it can be hard to have a clear idea of what the final document will look like. If you need a little extra guidance on how your legal document will appear, simply review our eviction notice sample below.
FAQs About Indiana Eviction Notices
Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about Indiana’s eviction notices in our FAQs below and learn how to use these forms effectively.
How to Evict Someone in Indiana?
To successfully evict a tenant in Indiana state, the landlord or property manager must serve a legally valid eviction notice. This must provide the correct number of days to comply and a legitimate reason to evict. It can be served in person, to a family member, someone else living on the premises, or left in a conspicuous location.
If the tenant doesn’t comply and vacate the property as instructed, the landlord will then have to petition a court. If the judge rules in their favor they will then be able to use a local marshal or sheriff to forcibly evict the tenant.
How Long is the Eviction Process in Indiana?
The eviction process in Indiana usually only takes a few weeks to complete. If a valid eviction notice is delivered, this is often enough to get the tenant to leave or cure the issue (if allowed). This can reduce the time down to as little as 10 days from when the notice has been served.
How to File an Eviction in Indiana
If a tenant doesn’t comply after being served with a legally valid Indiana eviction notice it will be necessary to file an eviction case against them. To do this the landlord will need to visit their local courthouse and file the case with the clerk of the court and provide the following evidence:
A copy of the lease agreement
The eviction notice that has been served (including proof of service)
Proof of any violations such as photographs, police reports, or receipts
Any witnessing parties to the violations